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Hey, someone's using our name!

Posted by Anonymous . updated on 11/11/2009
OK. I posted this in the copyright forum, which was in error.  Problem:
Our band lost a member who ran off to start his own band using the same band name. He filed for marks at the state level. We had no previous TM. We are still a working band and the name carries significant monetary value. We are all founding members. He plans to block our use of the name.
Is there legal recourse?
Please help.
Answers (4)
Please do not rely on statements made by respondents on this peer-answers forum. Answers provided on this peer-answers forum are NOT legal advice. Answers on this forum are not moderated, and some peer-answers may not be accurate. You should consult with a licensed attorney in your jurisdiction. Please do not place any confidential information on this forum.
 
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lyza2855
I am not an atttorney, but if your group can show first use of the name for music or performance services, and you are ready to do legal battle, you would probably prevail over him.  However, it would be wise to contact a qualified TM attorney with the facts and timeline of use to get a full, solid opinion of the costs and your rights.  He may be banking on your unwillingness to spend money to fight him.  

If I am incorrect, an attorney will chime in.  Good luck.
 
 
Charles...
I should mention in addition that The person who quit the band and one of the remaining members were the two principal founding members of the group, some 35 years ago. I have about 19 years involvement, so I guess I'm not really a 'founding' member of this group.
 
 
lyza2855
Again, you need to seek out counsel. ?There are too many old issues which can not possibly be satisfied on this general forum. ?Don't wait as time is your enemy, not your friend. ?Good luck.
 
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